Congratulations to Cypress Property & Casualty Insurance Company on a defense verdict on a Hurricane Ian claim. Judge Michael McHugh presided over Jesse and Senyca Sunde v. Cypress Property & Casualty Insurance Company in Lee County, Florida. Moises Gross represented the Plaintiffs while Jayson Serrano and Kevin Vorhis tried the case for Cypress. Cypress’ Brian Moore served as the corporate representative. Cypress retained Joe Stollings from Grindley-Williams as its forensics engineer.
The trial derives from a Hurricane Ian claim. Cypress adjusted the loss on a replacement cost basis, although the company did not have an obligation to do so. After the hurricane deductible, the insureds received approximately $3,000.
In Senyca, the Plaintiffs presented two experts: a structural engineer, Devon Hunt, with Synergyn, and general contractor, David Iannacone, with South Florida Restoration. Devon Hunt testified that the wind speeds were powerful enough to rip and de-bond shingles but not strong enough to crease or tear existing shingles. Mr. Hunt also testified that ceiling cracks existed because the dwelling was shaking from the wind forces. Meanwhile, the insureds did not notice the ceiling cracks until well after the storm. Mr. Hunt also testified that water from a roof leak damaged the master bathroom base cabinetry although the surrounding drywall was not water stained.
Prior to trial, Cypress established that the proper measure of damages is actual cash value through jury instructions. On cross-examination, Mr. Iannacone acknowledged his estimate is not based on the actual damages but based on repairs to return the dwelling to its pre-loss condition. He admitted his estimate was not based solely on the property that suffered a physical loss.
Mr. Serrano pointed out that the Plaintiffs only produced fifteen photographs taken in 2025 to demonstrate the damages. His theme focused on, “What you see is what you get.”
After fifty minutes, the jurors returned a defense verdict, which can be accessed here.